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THQ Sues Activision Over Baja Box Art
by Chris Faylor, Oct 27, 2008 10:43am PDTPublisher THQ has sued fellow publisher Actvision, claiming the box art for Activision's Score International Baja 1000 is too similar to that of THQ's Baja: Edge of Control.
"Activision's impending use of packaging art [for its game] ... is likely to confuse, cause mistake or deceive the public into believing that the Activision Game originates or is sponsored or approved by THQ, when in fact it is not," claims the lawsuit, as reported by Edge Online after Patent Arcade broke the story.
THQ is asking the court to delay the release of Activision's Baja game until the artwork is changed, otherwise it believes it will suffer "as yet unknown" damages, which would cause THQ to "be entitled to Activision's profits from the sale of the Activision Game."
According to the suit, which also seeks attorney's fees, THQ contacted Activision regarding the similarities in the beginning of October, but Activision refused to change the packaging. Baja: Edge of Control (PS3, 360) arrived in September, while Score International hits retailers this week in PS2, PS3, Xbox 360, and Wii editions.
Comments
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the appearance of the titles are so different that only a tard would think "oh, this must be the same game", then again, looking at the population.... this might have merit. never mind, carry on.
Someone fucked up big at activision and their legal dept. is going to be working overtime on this one. Or a quick settlement, new box art is going to have to happen.
My guess is this actually gets pulled for new box art. Execs are not going to want to fuck with copy write infringement that could cost them all profits from this game, just because the artist was lazy and the marketing department missed this.
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The images are certainly similar, but who the hell would be confused by it?
Sounds like THQ's legal department is just bored.
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I can see how THQ would be upset. There's NO WAY at all my wife would be able to tell the two apart...even if you showed her both before sending her into the store. However, I also don't think they have a legal leg to stand on. The confusion would go both ways. I guess THQ is just assuming they have the better product and won't gain anything from being associated with Activisions.
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Baja: Edge of Control is <in my opinion> a much better game than what some of the reviews make it out to be.
I don't know if a demo is out, but if there is - you should definitely give it some testing time.
For me this game has gotten better and better with time as I slowly gained more skills.
The mix between arcade / simulation definitely takes a bit of time getting used to, but in the end - the result is a very fun game I think. I haven't tested MP so can't speak about that obviously.
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